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HomeMy WebLinkAboutPRE 2023-0047; 2733 WASHINGTON; Admin Decision LetterOctober 10, 2023 Peter and Linda Fagrell 2640 Highland Drive Carlsbad, CA 92008 SUBJECT: PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON APN: 203-172-05-00 (°Cityof Carlsbad 8FILE COPY Thank you for submitting a preliminary review application to construct a three-story, four-unit (three market rate apartments or condominiums and one low-income inclusionary housing unit), residential building in the Village Center District of the Village and Barrio Master Plan. Parking is proposed to be provided on the ground floor. Included as part of the request is a Standards Modification to allow an increase in density and waiver of the requirement for ground floor commercial use in exchange for providing one low-income inclusionary housing unit onsite. The 0.09-acre vacant project site is located at 2733 Washington Street. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: 1. The current General Plan and zoning designations for the properties are as follows: a. General Plan: Village-Barrio (V-B) b. Zoning: Village-Barrio (V-B) c. Master Plan: The project is located within the Village Center (VC) District of the Village and Barrio Master Plan (VBMP). The permitted density is 28 to 35 dwelling units. d. Coastal Zone: The project site is located within the boundaries of the Coastal Zone and outside the appealable jurisdiction. 2. Required Permits. The following permits will be required: a. Minor Site Development Plan. Pursuant to VBMP Section 6.3.3(a), a Minor SDP is required for new construction of two to four attached residential units up to 5,000 square feet. b. Coastal Development Permit. Pursuant to VBMP Section 6.3.4(8) and (C), the Planning Commission will make a recommendation to the City Council. The City Council is the final decision-making authority for coastal development permits. As City Council approval is required for the CDP, the Minor SDP will also be considered by the City Council. Community Development Department . Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page 2 3. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process for housine--f}fojects. It is not mandatory unless applicants seek the vesting and processing V1: J0netits1<fft:[Sd under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code) §§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. 4. Land Use. Pursuant to Table 2-1 of the VBMP, multiple-family dwellings are permitted uses. Planning staff is supportive of a multi-family use. Pursuant to Footnote 2 in Table 2-1 and Figure 2-2, residential uses are not permitted on the ground floor. 5. Density/Standards Modifications. The density range for the VC district is 28-35 dwelling units per acre. Units permitted for 0.09-acre parcel: 3 dwelling units: Minimum density= 28 du/ac: Minium unit yield= 28 x 0.09 = 2.52; rounds up to 3 units (required to round up per Carlsbad Municipal Code Section 21.53.230, Table A) Maximum density= 35 du/ac: Maximum unit yield= 35 x 0.09 = 3.15; rounds down to 3 units (rounds down per Carlsbad Municipal Code Section 21.53.230, Table A) Standards Modification Request #1: Increase in Density The conceptual project proposes to construct four units, including one, onsite inclusionary housing unit. Pursuant to Government Code Section 65915(i), the minimum number of units required to qualify for a density bonus is five units. Since only three units can be built at the maximum density, the project does not qualify for a density bonus. However, pursuant to Section 2.6.7 of the VBMP, Standards Modification, through discretionary approvals, modifications to development standards, including density can be requested. Pursuant to Section 2.6.7(8), one of the purposes of a standards modification is to provide aff~rdable housing to low and/or moderate income households. Please see link below for reference. https://www.carlsbadca.gov/home/showpublisheddocument/7950/6376858932453000 00 Based on preliminary feedback from the Housing and Homeless Services (HHS) Department, the construction of an inclusionary housing unit for smaller multi-family projects has historically been difficult to successfully implement due to a number of factors, including difficulty finding lower income owners that qualify to purchase market rate units (if condominiums proposed) or the cost of constructing an affordable unit onsite (when compared to paying the in-lieu fee). Therefore, Planning staff is preliminarily unsupportive of the request to construct an inclusionary housing unit onsite. For PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page 3 additional information, please see comments from HHS below. In addition, please see Planning Comment #6 below for an alternative to a multi-family project. Standards Modification Request #2: Waiver of Requirement for Ground Floor Commercial in VC District Per Table 2-2 of the VBMP, the subject parcel is located in a use restriction area of the VC District. Specifically, residential uses cannot be located on the ground floor and commercial space shall occupy more than one-half of the habitable space on the ground floor and shall span at least 80 percent of the building frontage. The preliminary review notes a standards modification will be requested to waive the ground floor commercial requirement. A justification/analysis has been submitted with the preliminary review. Please note, in order for staff to consider the request, a market analysis which analyzes the viability of a ground floor commercial space in this location shall be prepared by the appropriate professional. Please include the market study analyzing the request with the application. In addition, please be advised the following findings need to be made to support the above- requested modifications. Please submit the justification with the submittal of the application. 1. The applicant has provided acceptable evidence to demonstrate the need for the standards modification and there is no other way to reasonably achieve one or more of the purposes outlined in Section 2.6.7.B without the modification. 2. The standards modification is consistent with the goals and policies of the Master Plan and the vision and intent of the applicable district. 3. The decision-making authority has determined the project provides a significant public benefit that warrants the granting of the standards modification. 4. In the Coastal Zone, a standards modification is permitted only when the decision-making authority determines that the modification is consistent with the certified Local Coastal Program, and if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act 6. Alternative to Multi-Family Housing. Pursuant to General Plan Land Use Element Policy 2-7 and Section 2.4 of the VBMP, one single-family home can be constructed on a legal lot that existed as of October 28, 2004. The fact that there was an existing single-family home that has been demolished has no bearing on the allowance for one, single family home if the lot was created prior to October 28, 2004. Pursuant to Section 6.3.3(D), single-family homes require a Minor Coastal Development Permit and the City Planner is the decision-making authority. Therefore, unless the project is appealed, no public hearing will be required. If a single-family home is proposed, please refer to the link below for Informational Bulletin 1B-111, which includes additional information as it relates to accessory dwelling units. https:ljwww.carlsbadca.gov/home/showpublisheddocument/12288/638279684162570000 PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page4 7. lnclusionary Housing Requirement. If the project does not include an on-site inclusionary housing unit, pursuant to CMC Chapter 21.85, lnclusionary Housing Ordinance and Informational Bulletin IB-157, an in-lieu fee of $16 per square foot of net building area for each proposed market-rate unit will be assessed. Please note this is the current fee for fiscal year 2023-2024 and is subject to change next year. Please see link to IB-157 below for additional information. https://www.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000 8. VBMP Objective Design Standards (ODS). In addition to the standards contained in the VBMP, the proposed multi-family project is required to comply with the recently-adopted ODS for the VBMP. Please see link below for reference and apply the standards to the final design, as applicable. https://carlsbadca.prod.govaccess.org/home/showdocument?id=l3754&t=6382002358498344 26 9. Parking. Pursuant to Assembly Bill 2097, no parking spaces are required for residential or commercial projects located within one-half mile of a "major transit stop." The Carlsbad Village Station, located approximately 0.2 miles from the subject site, qualifies as a "major transit stop." Therefore, there is no minimum number of parking spaces required for the proposed project. https://www.carlsbadca.gov/home/showpublisheddocument/12218/638083521809200000 Parking dimension in a parking structure. If a parking structure is proposed, pursuant to CMC Section 21.44.060, Table D, the minimum dimension for parking stalls in a parking garage are 8.5 feet x 20 feet, exclusive of supporting columns/posts. In addition, a back-up distance of 24 feet and 5-foot turning bump-out is required at the end of a stall series (i.e., dead end). Please also ensure an area is striped for "No Parking" to allow room for cars to pull-into and safely back-up and turn-around. With the project submittal, please demonstrate compliance with these standards. 10. Setbacks. The project shall be designed to comply with the following setbacks. Please note these setbacks also apply to the single-family home option. However, a front yard setback of 20 feet from the front property line is recommended to allow cars to park in the driveway. A standards modification will be required to allow for an increased setback. Front: Minimum of O feet, maximum of 5 feet Side: 0 feet Rear: 0 feet 11. Open Space. A minimum of 60 square feet of private open space per residential unit shall be provided with a minimum dimension of 6 feet in any direction. As less than 11 units are proposed, there is no requirement for common open space. 12. Lot Coverage: There is no minimum or maximum lot coverage in the VC district. PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page 5 13. Building Height. The maximum allowable building height in the VC district is 45 feet and four stories. If ground floor commercial is included in the design (which is required), the minimum ground floor plate height shall be 14 feet. If a 4-Story building is proposed: 14. a. A maximum of 30 percent of the fourth story street facing fa~ade can have a O foot setback (as measured from the property line). The remaining 70 percent shall be set back a minimum of 10 feet (as measured from the property line). . b. The total square footage of enclosed fourth floor space shall not exceed 80 percent of the largest enclosed floor space below (floors one, two, or three). However, in no case shall the fourth floor enclosed space exceed the amount of third floor enclosed space. Noise Analysis. Please provide a noise study consistent with the City of Carlsbad Noise Guidelines Manual and the General Plan. Please see link below for the Noise Guidelines Manual: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=24094 All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: 1. 2. Contact Nick Gorman in the Traffic Division at Nick.Gorman@carlsbadca.gov, a division of the Public Works Department, to determine if a Scoping Agreement is required. Scoping Agreements are used to determine if a Local Mobility Analysis is required and the scope of analysis. Submit either an approved Scoping Agreement or correspondence from the Traffic Division indicating one is not required. Provide ADT and peak hour trips per generation rates from SAN DAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region on the site plan/tentative map. If a Local Mobility Analysis is required, refer to the Transportation Impact Analysis Guidelines at https://www.carlsbadca.gov/home/showpublisheddocu ment/328/637 4259825023300CB ~· . a. Depending on the CEQA determination, which is determined after the application for discretionary permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles Traveled Analysis Guidelines available at https://www.carlsbadca.gov/home/showdocument?id=312. b. A General Plan Mobility Element Transportation Demand Management (TDM) plan may be required if the development adds vehicle traffic to street facilities that are exempt from the vehicle Level of Service (LOS) standard. 3. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad website. PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page 6 4. · Based on a preliminary analysis it appears that this project will be a Standard Project. Complete the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on the conceptual grading and drainage plans. 5. Based on this project's general land use, Village-Barrio, this project is subject to the City of Carlsbad trash capture requirements. Incorporate trash capture measures on the project plans. 6. Provide a Preliminary Title Report (current within the last six (6) months). All easements and encumbrances as identified in Schedule "B" of the report must be indicated on the site plan. 7. A Preliminary Hydrology Study including map and. calculations is required to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show 100-year storm hydrologic calculations before and after development. 8. A preliminary geotechnical report is required to evaluate the feasibility of the project. Guidelines for preliminary geotechnical studies are available on the City of Carlsbad Engineering website. 9. Per CMC15.16.060, this project may require a grading permit and grading plan. 10. A separate improvement plan for work within the right-of-way is required for this project. 11. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey Map 17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical control per City of Carlsbad Engineering Standards. 12. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards. 13. Delineate and annotate the limits of grading. Include remedial grading quantities on the plan. 14. Delineate and annotate approximate topographic contours for existing and proposed condition. 15. On the site plan, show and identify all existing surface improvements screened back (curb, gutter, sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage and within 25 feet of the property line boundary. 16. Provide spot elevations at the corners of the pad in the proposed condition. Include finish pad and floor elevations. 17. Provide the method of draining the lot. Unless otherwise specified by a geotechnical engineer, method of drainage shall comply with California Building Code (latest version) section 1804.4. 18. If retaining walls are proposed, delineate all retaining walls that will be utilized on the project site and show top of wall and bottom of wall elevations, including at the highest and lowest points. Indicate maximum height of retaining wall measured from bottom of footing to top of wall and maximum height measured from finish surface to top of wall. PRE 2023-0047 (DEV2023-0115)-2733 WASHINGTON October 10, 2023 Page 7 19. Provide a cross section to show the existing and proposed ground, proposed walls, footings and remedial excavation. 20. Delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 21. Provide chain of title report to determine lot legality. A Certificate of Compliance may be required pending results of the chain of title documents. 22. Show existing lot line bearing and distance. 23. If proposed units will be for sale, a Tentative Parcel Map is required. 24. Provide Washington Street cross sections for existing frontage. Provide existing right-of-way width and existing improvements and proposed improvements. 25. Delineate and annotate all proposed driveways and driveway widths. 26. Show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, traffic signals, streetlights in Washington Street and laterals affecting the property. 27. All transformers and electrical facilities solely serving this project site shall be located on site and outside of the public right-of-way. 28. Public potable water and sewer mains along project frontages must meet minimum design diameter and material as specified in City of Carlsbad Engineering Standards Vol. 2 Section 3.2.2 for water and Volume 1 Section 6.2 for sewer. Utility replacement and/or upsizing may be required as a condition of development. 29. Locate fire service, backflows, potable and recycled water services, meters, landscape irrigation services, and sewer laterals for the new development in compliance with City of Carlsbad Engineering Standards requirements. 30. Replace existing water service with a new PVC tee, meter and backflow per CMWD standard drawing W-5. 31. Trash enclosure design is to be consistent with the City of Carlsbad Engineering Standards drawing GS-16. Any deviation from the City of Carlsbad Engineering Standards may require approval from Republic Services to ensure that the trash enclosure is serviceable. 32. Provide multiple cross-sections of the site to demonstrate differences in grade from adjacent properties, existing and proposed grades on-site, fences and location of structures on-site and on adjacent properties. PRE 2023-0047 (DEV2023-0115)-2733 WASHINGTON October 10, 2023 Page 8. 33. Coordinate with North County Transit District since the proposed development is located near their property. This project will require written approval from North County Transit District. 34. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.) 35. Please be advised that a more in-depth review of the proposed development will occur with the discretionary permit application when a more complete design of the project is provided. Housing and Homeless Services (HHS) Department: 1. lnclusionary Requirement -Applicant is seeking an increased density yielding one additional (affordable) unit and development waivers in accordance with the Carlsbad Village & Barrio Master Plan and Carlsbad Municipal Code Chapter 21.85. Based on project size and scope, HHS staff wants to ensure the applicant understand the impact of providing an affordable unit onsite while determining feasibility. a. If a unit was built and rented, the maximum affordable rent that could be charged to the tenant would be $2,170 minus utilities for a two-bedroom unit at the low-income restriction. This amount is changes annually based on the median income. lnclusionary rental units shall remain restricted and affordable to the designated income group for fifty-five years. If the other units are for-sale and the affordable unit rented it could create a disparate dynamic with the neighbors within the complex. b. If a unit was built and sold, the maximum affordable sales price would be approximately $209,260 for a two-bedroom unit at the low-income restriction. Please note these estimates are based on assumptions available as of today (Oct. 10, 2023) and is only meant to provide a general idea to the maximum affordable sales price. Again, having just one affordable unit among a HOA of owners that paid significantly more for their unit can create a disparate dynamic with the neighbors within the complex. Additionally, a lower income owner is less able to absorb increases in HOA fees which can cause concerns down the road for the long-term viability of the property and HOA. Fire Department: Due to the conceptual nature of the proposal and the absence of detailed plans, the Fire Department could not provide comments on the subject preliminary review. Applicant shall submit a detailed and scaled site plan showing the entire building footprint, proposed access driveways and locations of laddering for emergency egress windows before we can assess if the proposed density and lot coverage will comply with the California Fire Code fire access requirements. Building Division: Please see attached comments from the Building Division. PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON October 10, 2023 Page 9 If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Shannon Harker at the number below. You may also contact each department individually as follows: • Planning Division: Shannon Harker, Senior Planner; at {442) 339-2621 • Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773 • Housing and Homeless Services Department: Nicole Piano Jones, Senor Program Manager, at {442) 339-2191 • Sincerely, ERIC LARDY City Planner EL:SH:es Enc: ,Building Department comments c: Eric Lardy, City Planner Cliff Jones, Principal Planner Linda Ontiveros, Project Engineer Nicole Piano Jones, HHS Laserfiche/Data Entry Case File Ci!Yof Carlsbad Memorandum August 24, 2023 To: From: Re: Shannon Harker, Project Planner Jason Pasiut, Building Official PRE2023-0047 (2733 WASHINGTON ST Carlsbad, CA 92008) PRELIMINARY REVIEW The Building Division has no comments currently regarding this submittal for conceptual plan review. The following comments are provided courtesy of the Building Division and will need to be clearly detailed in the final design prior to submitting for building permit construction plan review. The Building Division will not need to see these preliminary plans again: Carlsbad requirements: CLIMATE ZONE 7 SEISMIC (R=6.5) = .12 W; SDC = D; Sos~ .75, Sl.00; DJD2 RAINFALL ("/hr.): 3.7" WIND VELOCITY: 96mph 2019 California codes are adopted until December 31, 2022. 2022 codes take effect on January 1, 2023. o Construction hours: Monday -Friday 7:00am -6:00pm and 8:00am -6:00pm Saturday. No work is allowed on Sunday or Federal holidays. o Building permit applications are valid for one year. Permit applications will be expired after one year if not issued. The Building Official may grant one extension of 180 days upon request. o Permitted projects have one year to begin construction. Permits will be expired if construction does not start within one year after permit issuance. o Expired permits cannot be extended. Expired permits can be renewed at a fee of 50% of the building permit fee. If expired permits cross over one code cycle, a new submittal will be required with plans drawn to the latest code cycle requirements. o A building permit shall be considered abandoned if not finaled within three years of issuance. o This project consists of building with more than two dwelling units and will be subject to CBC Chapter 11A and/or 11B accessibility requirements and other/ Federal accessibility requirements depending on the funding source(s). New apartments of three or more dwellings per building and new condominiums of four or more dwellings per building are defined as covered multifamily dwellings subject to CBC Chapter 11A accessibility requirements for accessible/ adaptable units. o Funding sources such as CTAC may trigger additional accessibility requirements above the minimum amounts required by the California Building Code. If applicable, please list those additional requirements, if applicable, in chart form on the cover sheet and provide details on the plans. · Community Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I www.carlsbadca.gov Memo -Disc Sports & Spine March 20, 2023 Page 2 o Is the project constructed by, for, or on behalf of a Title II entity or part of a Title II entities program that provides housing? If yes, then the 2010 ADAS applies. o Is the project receiving Federal financial assistance, and if so, is it coming from HUD? If it's a Home key Project, then the answer to that is yes. Therefore, it must comply with HUD 504 regulations with the options of either using UFAS or the HUD Deeming Notice that allows the use of the 2010 ADAS with certain exceptions. o A soils report is required for new construction. Prepare the report and include recommendations into the foundation design. o A boundary certification is required for new structures built 5 feet or closer to a side or rear yard property line. o Sewer design with fixture unit counts for entire sewer system to be included in complete plumbing plans. o Sewer and water lines within the property line boundary are considered private systems. Consideration should be made now to determine if these systems will meet the city standard or will be designed per the California Plumbing Code. o A separate, private sewer and water system permit can be applied for concurrent with grading so the Building Division can do inspections ofthese systems during grading. See the attached handout o Gas line isometric for proposed gas fixtures to be included in COQ1plete plumbing plans. o Electrical load calculations and single line diagram for entire electrical design to be included in complete electrical plans. o All utilities must enter each dwelling separately from the outside and are not approved to be run though the garages or under the foundation at any point. Through penetrations between R-3 or R-2 occupancies in not approved. o All registered Energy documents are required to be imprinted onto the plans. o Carlsbad Climate Action Plan (CAP) sections 2A, 3A and 4A are triggered for this new construction. (CAP) measures chosen shall be detailed on the plans. Refer to Building Division form B-50. o The Carlsbad (CAP) form B-55 will be required to be imprinted onto the plans to be approved for a permit. o MULTIFAMILY WITH MORE THATN THREE HABITABLE STORIES: 2022 CEC requires ESS provisions to be designed into new multifamily residential construction when solar is also required. CEC 170.2. o Show details for airborne and structure borne sound transmission compliance with CBC section 1206 for the walls and floors separating dwellings. o Roof mounted mechanical systems shall be screened in accordance with the Carlsbad Municipal Code section 18.10.020. If the applicant has any questions, please call me at 442-339-2788. Jason Pasiut Building Official -Community Development